1-1           By:  Brown                                       S.B. No. 673

 1-2           (In the Senate - Filed February 19, 1997; February 25, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 11, 1997, reported favorably by the following vote:  Yeas 6,

 1-5     Nays 0; March 11, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to garnishment of money held in an inmate trust fund.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Chapter 63, Civil Practice and Remedies Code, is

1-11     amended by adding Section 63.006 to read as follows:

1-12           Sec. 63.006.  GARNISHMENT OF FUNDS HELD IN INMATE TRUST FUND.

1-13     (a)  A writ of garnishment may be issued against an inmate trust

1-14     fund held under the authority of the Texas Department of Criminal

1-15     Justice under Section 501.014, Government Code, to encumber money

1-16     that is held for the benefit of an inmate in the fund.

1-17           (b)  The state's sovereign immunity to suit is waived only to

1-18     the extent necessary to authorize a garnishment action in

1-19     accordance with this section.

1-20           SECTION 2.  This Act applies only to a writ of garnishment

1-21     issued  against an inmate trust fund on or after the effective date

1-22     of this Act.  A writ of garnishment issued against an inmate trust

1-23     fund before the effective date of this Act is governed by the law

1-24     as it existed before the effective date of this Act, and that law

1-25     is continued in effect for this purpose.

1-26           SECTION 3.  This Act takes effect September 1, 1997.

1-27           SECTION 4.  The importance of this legislation and the

1-28     crowded condition of the calendars in both houses create an

1-29     emergency and an imperative public necessity that the

1-30     constitutional rule requiring bills to be read on three several

1-31     days in each house be suspended, and this rule is hereby suspended.

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